AYODHYA PRASAD DUBEY Vs. GOVERDHAN PRASAD AGRAWAL

JUDGEMENT

(1.) Legality and propriety of order dated 18.01.2010, passed by the Civil Judge, Class II, Bilha, Distt. Bilaspur, is under assail in the instant revision.

(2.) The brief facts of the case as under:

(3.) Shri Sanjay K Agrawal, learned Counsel appearing for the Applicant would contend that Shri Amit Verma infact appeared on behalf of non Applicant No. 1 on memo of appearance and therefore, it cannot be said that the non Applicant No. 1 was not aware about the pendency of the case before the Bilha court. He would further contend that it is not requirement of law to give notice to the parties when the case is transferred from one court to another and the trial court ought to have decided both the applications together and thus the trial court has committed jurisdictional error in condoning the delay and passing the order impugned.